Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1887-07-15
LEGAL NEWS.

Motion Court met last Saturday with both
Judges on the Bench, when opinions In the
following cases were handed DOWN
John Donaldson VS. the Boro of Butler.
Motion for new trial. Motion for new trial
oyerru,ed and judgment directed TO be enter
ed for the defendant on the verdict on pay
ment of the jury fee-McMichael, Judge.
s.. Dunbar and wife VS. Boro OF Evans
burg. Motion TO take off compulsory non
suit. Motion granted-Hazen, Judge.
Lizzie Rice VS. the Boro of Butler. Mo-
ton for a new trial. New trial granted
HazeD, Judge.
j. C. Sabine ct al VS. James Storey ct al.
Motion TO take off compulsory non-sult. Mo-
tion erruled-McMichael. Judge.
Rachael NJ. Besnecker VS. Lorenz Bes-
pecker Exceptions to Masters report.
Ninth exception sustained and others over
ruled, and defendant ordered to make deed
within 80 days for 66l acres, and defendant
Tn nav all costs in the case and Sl75 as fees
to master-McMichael,J Judge.
$ NJ. Seaton, admir- de b. n. c. T. A of
Gideon Grubb, decd, VS. VIM. G. Smith. Mo-
tion for a new trial. New trial refused
Hazen, Judge.
David Gregg for use of Chas. McCandless
vs. Samuel Allen ct al. Motion for Judgment
for want of sufficient affidavit of defense.
Motion refused-HaZen, Judge.
James Pryor VS. NJ. A. Gerlach ct al.
Rule to open Judgment. The judgms Mt en-
tered VS. NJ. A. Gerlach is opened and stricken
from the record, and the case to remain as
though she had appeared in Court to answer
a summons regularly served on her, and the
case to proceed to issue and trial according
10 tho rules of fcourt-McMichael, Judge.
The cist of this opinion is that married
woman. who is femme sole trader cannot
bind her real estate or personality by judg-
ment note, but can make valid contract or
promissory note binding her estate.
in the matter of the Independent school
district of Harrisville. The rules to show
cause why the decree of Court creating SAID
district should not be opened and annuiled
were discharged at cost of petitioners-Hazen /,
Judge.
i'm the matter of the application to co n
solidate the election district in Cherry tw y.
The proceedings in this case are dismiss ed,
the petitioners to pay the costs Nc Michael,
Judge. ~.
Note: The act June "a, '55 requires the
petitioners to be electors of the twp, and re-
auires the commissioners TO report at next
term Of Court.
in the matter of the appeal of the For
ward twp Poor District from the order Tor re-
moysl of Adam Drushel. The rule on the
Poor District of Adams twp, to pay Forward
twp. for Adams maintenance. aud costs OF
anpeaI was made absolute, and oyerseers Of
Adams twp. to pay Forward twp. the sum OF
S3O8 20 and interest, and costs.
NOTES.
The petition of citizens Of Adams twp, for
appointment OF viewers to locate public
road was granted and n. Slator, Jas. Barr and
| w. 8. Thomps on were appointed.
The petitions of citizens :of Forward twp.
| for public road between McCandless' bridge
| and Burr estate was presented and allowed,
and G.. C.. Pillow. r. G. McAboy and John
Mitchell appointed viewers.
John Williams was appointed guardian of
Smiley r. Williams.
The application of A. Wolford for parti-
ton of the real estate of John Wolford was
| refused.
Joseph Kelly was discharged as guardian
of Clara Bell d OLSON.
| The petition of the Burgess and Town
Council of Butler for viewers to assess dam.
ages for widening and opening Monroe and
| CLAW streets was granted and the Court ap'
| pointed Alexander Lowry, Albert Ruff, Geo
Krug, l. J. McCandless. G. w. Campbell, G.
w. Fleeger and L. o. Purvis, viewers.
Tie report of the commissioners in the
matter Of the division of the borough OF But
Ter into three wards, was brought up and the
| Court was asked to confirm the report and ap
point new voting places and election oihcers
but this was resisted, hot war of words en-
sue1 Judge McMichael took the papers and the
matter will not be settled until Sept. term
The matter will likely be settled in time for
the November election, but this delay may
cause some confusion in the registration oi
the voters of the different wards.
Court adjourned to meet Sept. 5th.
The will of Nancy Smith of SlipperyrocS
twp, has been probated and letters to A. j
Bard; also will of NJ. A. Grove of Adams
twp. and letters C.T.A. to Rev. A. Kilpat-
rick.
Albert Ruff has brought suit for slauder
against Catharine Miller.
A.. E. Barnhart has brought suit in eject
ment VS. Cook & Baird, G. p. Fadder, ct
for lot of ground in Millerstown.
Mary A. Nimo By James Waters has sueC
for divorce from VIM. L. Nimo.
The Court has ordered civil courts fol
the weeks beginning Sept. 26 and Nov. IA
with "a Jurors, thirty cases and both Judge
for each week.
Mr.. J. w. Hutchison, of Washington tp.
passed his preliminary examination and
reading law with s. f. Bowser, Esq.
PROPERTY TRANSFERS.
Since the 1st inst. important transfers o
real estate have been recorded as follows
John L. Shannon 90 acres in Consequences
ing, to @. G. Shannon for 5000. and 30 acre
to G.. f.. Shannon for $3.50.
Mary f. Wilson 81 acres in Forward to Z
Fl. Rape for $625.
Peter Kramer 116 acres in Allegheny {
Phillip Burr for So 900.
Adam Weitzel lot in Butler to A.
i Reed for $i00.
Isaac Burr acres in Forward to Jas Re
bold for $500.
Jos. Reibold, property in Connoq uenessin
!. to J. Burr for $500.
, T. w. and E. j, Young II acres in Franz
: lin to ]. j. Stevenson for $3.50.
NJ. f. and j. II. Bole acres in Donegal
. Catharine Barnhart for $50.
Geo. S. Bryan, Of Pittsburg, 81 acres
q Butler boro., north end, to John 5. Campbe
{ and Harvey Colbert for $4,000.
/, T. W. and E. j. Young 1870 acres in Franl
q lin to VIM. Stoops for 81 900
Casper Schell % acres in Lancaster to Ge
u A. McCandless for 81 ,250.
w. II. Miller, property in Butler, to NJ.
McCaDdless for 500.
A. w. Kreeps, property in Millerstown,
3 w. l.. Campbell for $500.